Estate of Hendrickson v. Warburton

This is a suit by the personal representative of a decedent’s estate to set aside a deed executed by the decedent. Defendant demurred to the complaint and that demurrer was overruled. The case was then tried and a decree entered in favor of plaintiff.

In appealing, defendant contends that it was error to overrule her demurrer because the personal representative of a decedent’s estate has no power to set aside a deed executed by the decedent unless the estate is insolvent and the property is needed to pay creditors, as provided by ORS 114.435, and that these facts do not appear from the…